Practice Areas
Retaliation and Discrimination Suit filed against Post Office
Posted on 2/3/2011
Job Rights Reinstated For Discharged Employee
Posted on 12/5/2010
Jury Verdict in favor of defamed client
Posted on 12/2/2010
Retaliation suit filed against Applebee's in Martinsburg, WV
Posted on 11/19/2010
Charles Town resident sues track for race and age discrimination
Posted on 10/11/2010
Suit filed against Walgreens for racial discrimination
Posted on 10/11/2010
Plaintiff sues for violation of Wage Payment and Collection Act
Posted on 9/27/2010
Woman terminated for excessive abscences as a firefighter
Posted on 8/2/2010
Woman allegedly fired for absences as a volunteer firefighter
Posted on 7/20/2010
Client sues Royal Vendors for wrongful termination
Posted on 7/20/2010
Admissibility of electronic evidence in employment cases
Article concerning the ability to contact an employee of an adverse corporation in civil litigation.
Fourth Circuit decision overturning summary judgment in an age discrimination suit.
Technical Assistance Manual providing disability discrimination information pertinent to the ADA
Maryland's Department of Labor, Licensing & Regulation has Revised Its Opinion About Vacation Pay In Light of Catapult Technology, Ltd. v. Wolf. In Catapult Technology, Ltd. v. Wolf, a case of first impression, Maryland's Court of Special Appeals explicitly ruled that employees are entitled to receive compensation for accrued vacation pay at the conclusion of their employment, despite a provision in the employee handbook providing for forfeiture of the vacation pay. Following the Court's ruling, attorney Marc J. Smith contacted Maryland's Department of Labor, Licensing & Regulation and advised them that the information on their web site concerning an employee's right to receive compensation for vacation pay was no longer a correct statement of law in view of the ruling in the Wolf case. At that time, the DLLR website contained the following statement concerning whether unused vacation is payable to the employee at termination: "The answer to this question depends on the employer's policy, and whether this policy was communicated to the employee in advance. For example, if an employer informs employees at hiring that unused vacation leave will be lost or forfeited when employment ends, then an employee will probably not be able to claim it. On the other hand, where no policy exists or was made known in advance to a terminated employee regarding forfeiture of accrued vacation, the employee may receive the cash value of whatever unused earned leave was left -- provided it was otherwise usable." After Mr. Smith contacted DLLR to advise them of the holding in Wolf, the Agency modified their view on this issue. Now, in conformity with Wolf, DLLR's position on this issue is as follows: "When an employee has earned or accrued his or her leave in exchange for work, an employee has a right to be compensated for unused leave upon the termination of his or her employment regardless of the employer's policy or language in the employee handbook."
Read More About Vacation pay must be paid now in Maryland...
Quick ContactThe Law Offices of Harry Waddell
300 West Martin Street
Martinsburg, WV 25401
Phone: (304) 263-4988
Fax: (304) 262-2498
Get Directions
What questions are considered discriminative on a job interview?
185,000 Settlement in Employment Discrimination Suit
Awarded: $185,000
$150,000 settlement of sexual harassment, retaliation and wrongful termination lawsuit
$85,000 Settlement for sexual harassment
Awarded: $85,000
$85,000 Verdict for racial harassment
Awarded: $85,000
$150,000 Settlement in wrongful termination case brought by store manager
Awarded: $150,000